Immigration Law in May

Grandchildren of Portuguese will be entitled to apply for the Portuguese nationality:

It will enter soon a decree-law that will allow the acquisition of Portuguese nationality by Portuguese born abroad, which, among other requirements, have “bonds of effective connection with the national community”, which can be demonstrated, for example, through the ownership of a property, or lease agreements registered in Portugal for more than three years, or, through the regular participation, in the last five years, in the cultural life of the Portuguese community of the country where he resides. This decree-law also simplifies the requirement of a Portuguese language exam, presuming that the interested person has knowledge of the Portuguese language, when it is natural and national of a country that has Portuguese as an official language for at least 10 years and resides in Portugal for at least 5 years.

Decision of the Supreme Court of Justice of 29/03/2017:

The exemption from IMT (Municipal Tax on Real Estate Transmission) mentioned in the Insolvency and Business Recovery Code applies not only to sales or exchange of companies or establishments while as universality of assets, but also to real estate sales and exchanges, as elements of insolvent company assets, since framed of an insolvency or payment plan, or are practiced with the liquidation of the insolvent estate.

Law of Succession by death – the choice in life:

With the Regulation No 650/2012 of July 4th of the European Parliament and of the Council, it was introduced the possibility to choose in advance the applicable law to death succession. The application law of the habitual residence of the deceased still remains as a general rule. However, this rule can be waived if it is shown that the deceased had a close connection to another Member State. In addition to the mentioned hypotheses, there is still the possibility of applying the law of the State where the deceased was a national. To that end, it is enough that the deceased has manifested his wish in life, by making a will or similar document that fulfills the legal requirements of his origin State. If the deceased has dual nationality, the deceased will have to choose one of them.

License of Real Estate Mediation Online in 48h:

The exercise of real estate mediation by individual or collective provider established in national territory, depends on a license to be previously granted by IMPIC, I.P. Applications for a real estate mediation license can now be submitted online through the Balcão do Empreendedor (BdE) at bde.portaldocidadao.pt. The request has a 48-hour issuance / decision deadline, which is much faster and more efficient than the normal way.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.